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“The world is awash in agony endured by individuals and society alike as brutal-
izing power breaks free from the restraints of law, the civilizing recognition of our
essential commonality. The authors of this gripping volume turn psychoanalytic
inquiry to the study of specific outbreaks of heartbreaking violence against basic
rights that cruelly torture and endanger life itself. There may be no more vital con-
tribution psychoanalysis now can make than such as those in this selection of ser-
ious thinking about the suffering and sorrow threatening survival of person and
group, indeed of humanity. This profoundly compelling contribution is a model
for continued work if civilization is to last.”
Warren S. Poland, author, Intimacy and
Separateness in Psychoanalysis

“The technical cooperation between the two areas of Psychoanalysis and Law is
already much more advanced in practice all over the world than it is commonly
studied theoretically and known in general. This seminal book opens a histor-
ical perspective on the official polyphonic recognition of the mutual implication
and cooperative interaction of Psychoanalysis and Law. This has impressive
consequences regarding social, political, and institutional life, and is dealt with at
the highest scientific level, under the aegis of the International Psychoanalytical
Association.”
Stefano Bolognini, Past President, International
Psychoanalytical Association

“This remarkable work represents a milestone not only in the connection between
psychoanalysis and law, but it also refers to current crucial issues, such as the work
developed by the IPA in the Community Committees and the inspiring insertion
of psychoanalysts in this area. Featuring a theoretical rigor and a completely
refreshed view, the authors contribute with an outstanding critical examination
of these subjects, providing a fruitful and indispensable reading for all those who
seek to deepen their knowledge in the Psychoanalysis and Law field.”
Virginia Ungar, President and Sergio Nick, Vice President,
International Psychoanalytical Association
Psychoanalysis, Law, and Society

Psychoanalysis, Law, and Society explores the connections between psycho-

analysis and law, arguing that these are required not only for conceptual or theor-
etical needs in both fields, but also for the vast range of practical implications and
possibilities their association enables.
The book is divided into four parts, each addressing a unique example of the
interaction of legal and psychoanalytic work. It begins with matters that are as
global as they are local: the challenge of caring for and aiding migrants, refugees,
families, and individuals; the question of planetary survival; of the mistreatment
and violence in military and secular conflicts; and the projects and processes of
international governance. The middle two parts focus on the very wide-​ranging
problems of social violence as these target women and people of diversity. Then,
on the penetration of law into the most intimate aspects of family life: adoption,
divorce, child custody, and complex parental arrangements. In the last part, the
contributions use this double vision (legal and psychoanalytic) perspective to
explore basic processes in social and legal life.
Psychoanalysis, Law, and Society will be of great interest to psychoanalysts,
psychoanalytic psychotherapists, as well as legal scholars.

Plinio Montagna, MD, is a psychoanalyst and past president of the Brazilian

Society of Psychoanalysis of São Paulo and the Brazilian Federation of
Psychoanalysis. He is the chair of the Committee of Psychoanalysis and Law for
the International Psychoanalytical Association and former member of its Board
of Representatives. He also works as a psychiatric and psychoanalytic expert in
family courts in São Paulo.

Adrienne Harris, PhD, is a faculty member and supervisor for the New York
University Postdoctoral Program in Psychotherapy and Psychoanalysis and at
the Psychoanalytic Institute of Northern California. She is an associate editor of
Psychoanalytic Dialogues and of Studies in Gender and Sexuality, and she is on
the editorial boards of Psychoanalytic Inquiry and American Imago. She publishes
in the areas of gender and development.
 Relational Perspectives Book Series
Lewis Aron, Adrienne Harris, Steven Kuchuck & Eyal Rozmarin
Series Editors

The Relational Perspectives Book Series (RPBS) publishes books that grow out of
or contribute to the relational tradition in contemporary psychoanalysis. The term
relational psychoanalysis was first used by Greenberg and Mitchell1 to bridge the
traditions of interpersonal relations, as developed within interpersonal psychoanalysis
and object relations, as developed within contemporary British theory. But, under the
seminal work of the late Stephen A. Mitchell, the term relational psychoanalysis grew
and began to accrue to itself many other influences and developments. Various tribu-
taries –​interpersonal psychoanalysis, object relations theory, self psychology, empirical
infancy research, and elements of contemporary Freudian and Kleinian thought –​
flow into this tradition, which understands relational configurations between self and
others, both real and fantasied, as the primary subject of psychoanalytic investigation.
We refer to the relational tradition, rather than to a relational school, to highlight
that we are identifying a trend, a tendency within contemporary psychoanalysis, not
a more formally organized or coherent school or system of beliefs. Our use of the
term relational signifies a dimension of theory and practice that has become salient
across the wide spectrum of contemporary psychoanalysis. Now under the editorial
supervision of Lewis Aron, Adrienne Harris, Steven Kuchuck, and Eyal Rozmarin,
the Relational Perspectives Book Series originated in 1990 under the editorial eye of
the late Stephen A. Mitchell. Mitchell was the most prolific and influential of the
originators of the relational tradition. Committed to dialogue among psychoanalysts,
he abhorred the authoritarianism that dictated adherence to a rigid set of beliefs or
technical restrictions. He championed open discussion, comparative and integrative
approaches, and promoted new voices across the generations.
Included in the Relational Perspectives Book Series are authors and works that
come from within the relational tradition, extend and develop that tradition, as well
as works that critique relational approaches or compare and contrast it with alterna-
tive points of view. The series includes our most distinguished senior psychoanalysts,
along with younger contributors who bring fresh vision. A full list of titles in this
series is available at www.routledge.com/​mentalhealth/​series/​LEARPBS.

1
Greenberg, J. & Mitchell, S. (1983). Object Relations in Psychoanalytic Theory.
Cambridge, MA: Harvard University Press.
Psychoanalysis, Law,
and Society

Edited by Plinio Montagna and

Adrienne Harris
First published 2019
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2019 selection and editorial matter, Plinio Montagna and Adrienne Harris;
individual chapters, the contributors
The right of Plinio Montagna and Adrienne Harris to be identified as the authors
of the editorial material, and of the authors for their individual chapters, has been
asserted in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized
in any form or by any electronic, mechanical, or other means, now known or
hereafter invented, including photocopying and recording, or in any information
storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent to
infringe.
British Library Cataloguing-​in-​Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-​in-​Publication Data
Names: Montagna, Plinio, 1948– editor. | Harris, Adrienne, editor.
Title: Psychoanalysis, law, and society / edited by
Plinio Montagna and Adrienne Harris.
Description: Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2019. |
Series: The relational perspectives book series |
Includes bibliographical references and index.
Identifiers: LCCN 2018060407 (print) | LCCN 2019003880 (ebook) |
ISBN 9780429202438 (Master) | ISBN 9780429511059 (Adobe) |
ISBN 9780429517914 (Mobipocket) | ISBN 9780429514487 (ePub3) |
ISBN 9780367194482 (hardback : alk. paper) |
ISBN 9780367194505 (pbk. : alk. paper) | ISBN 9780429202438 (ebk)
Subjects: LCSH: Social psychiatry. | Professional ethics.
Classification: LCC RC455 (ebook) |
LCC RC455 .P778 2019 (print) | DDC 616.89/14–dc23
LC record available at https://lccn.loc.gov/2018060407
ISBN: 978-​0-​367-​19448-​2 (hbk)
ISBN: 978-​0-​367-​19450-​5 (pbk)
ISBN: 978-​0-​429-​20243-​8 (ebk)
Typeset in Times
by Newgen Publishing UK
Plinio dedicates this book to his father, Haroldo, and to his
mother, Yvonne.
Adrienne dedicates this book to her grandchildren Nevona,
Nadav, Cedar, and Jake, rueful for the world we leave to
them but confident of their deep skills and big hearts.
Contents

List of contributors  xii

Acknowledgments  xxi

Introduction  1
P L IN IO MO N TAGNA AND ADR I ENNE HA RRI S

PART I
Questions related to global challenges  5
Introduction  7
P L IN IO MO N TAGNA AND ADR I ENNE HA RRI S

1 Psychoanalysis and the situation of refugees: a human

rights perspective  9
S V ER R E VA RVI N

2 Speaking of sexual abuse with female refugees  27

C Â N D IDA S É HO LOVKO AND GERTRAUD S C H L E SI N G E R- ​K I P P

3 The tragedy of the earth’s commons: psychoanalytic

perspectives on climate change and the law  41
ELIZ A B ETH ALLUR ED

4 The International Psychoanalytical Association at the

United Nations  56
V IV IA N B. P E NDER

5 The politics of evil: the American Psychological

Association, psychoanalysis, and the law  74
GHIS L A INE BO ULANGER
x Contents

PA RT I I
Problems of diversity and identity: social
violence and social control  89
Introduction  91
P LIN IO MO NTAGNA AND ADR I ENNE HA RRI S

6 Femicide-​feminicide  93
L AUR A O R S I AND ALI CI A BEATRI Z I AC U Z Z I

7 Boundary violations, consent, the law, and the lawless  108

A DR IENNE HA RRI S A ND KATI E GENTI LE

8 The diversity is the destiny  123

G L EY P. C OS TA

9 Responsibilization, same-​sex marriage, and the end

of queer sex  139
A NN P E LLEGRI NI

PA RT I I I
Family configurations and legal issues  149
Introduction  151
P LIN IO MO NTAGNA AND ADR I ENNE HA RRI S

10 The context of socio-​affective parenting  153

P LIN IO MO NTAGNA AND LUÍ S A BR ANCO V I C E N T E

11 Evaluating parental capacities: a model inspired by

psychoanalysis  169
LO U IS BRUNET

12 Parental alienation and Parental Alienation Syndrome  188

P LIN IO MO NTAGNA

13 Law and psychoanalysis in processes of adoption  201

C Y NTHIA LA DVOC AT AND ELI ANA MELLO
 Contents xi

14 The psychopathology of litigious divorce  218

A D R IA N C ES A R BES US CHI O

PART I V
Psychoanalysis and legal action and interaction  231
Introduction  233
P L IN IO MO N TAGNA AND ADR I ENNE HARRI S

15 Quest for justice: psychoanalytical explorations with judges 

235
R A KES H S HUKLA

16 Fear of death or of murder? Challenges confronted in

the modified psychoanalytic setting established by
forensic psychotherapy  253
ES TELA V. WELLDO N A ND RONA LD DO C TO R

17 Corruption: instances and mechanisms involved  268

RO S A C O R ZO AND RUTH A XELROD PRAES

18 The psychoanalyst as expert witness  280

RO B ERT L. P YLES

19 The role of the forensic psychiatrist and the psychoanalyst

who become double agents between clinical and judicial
rationales  293
A N D R EA MA RZI AND GA BR I ELE GRAGNO L I

Index  313
Contributors

Elizabeth Allured, PsyD, is on the teaching faculty at Suffolk

Institute for Psychoanalysis and Psychotherapy, and Adelphi
University’s postgraduate training programs in Psychoanalysis
and Psychotherapy. She has published articles on the environ-
mental crisis from a psychoanalytic perspective, most recently
in Contemporary Psychoanalysis: “Holding the Ungrievable: A
Psychoanalytic Approach to the Environmental Crisis.” Dr Allured
has been presenting her ideas about this issue at international psy-
choanalytic conferences since 2007. She has a clinical practice in
Port Washington, New York.
Ruth Axelrod Praes, PhD, is a clinical psychologist at the Mexican
National Autonomous University. She was awarded by the National
University with the Gabino Barreda Medal, and is a psychoanalyst
and full member of the International Psychoanalytic Association,
as well as a past Latin America board member of the IPA, and
past co-​chair of COWAP, Latin America 2013–​2017. She is a past
president of the Mexican Psychoanalytic Association (Asociación
Psicoanalítica Mexicana –​APM), 2014–​2016; past director of the
APM Institute, 2016–​2018; and actual director of the Postgraduate
Study Center of APM, 2018. She has published articles in several
books on adoption, divorce, children of divorce, gender listening,
trauma, and betrayal. She has worked in private practice for more
than three decades.
Adrian Cesar Besuschio, MD, University of Buenos Aires, is a psych-
iatrist with the Health Ministry of Buenos Aires. He is an associate
member of the Argentine Psychoanalytical Association, and of the
International Psychoanalytical Association, as well as a member
 List of contributors xiii

of the Espacio Fairbairn (APA). He is a specialist in Forensic

and Occupational Medicine and is a member of the board of the
Hospital J.T. Borda, a leading psychiatric hospital in Argentina.
Ghislaine Boulanger, PhD, is a psychologist and psychoanalyst in pri-
vate practice in New York City and a member of the Relational
Faculty at New York University’s Postdoctoral Program in
Psychotherapy and Psychoanalysis. Since the publication of her
book Wounded by Reality: Understanding and Treating Adult Onset
Trauma (The Analytic Press, 2007), she has taught and published
extensively on the psychodynamic dilemmas facing adults who have
survived violent and life-​threatening events, and the clinicians who
work with them. In 2006 Dr Boulanger founded WithholdAPADues
for psychologists wishing to withhold their dues and subsequently
to resign from the American Psychological Association in protest
over the APA’s collaboration with Bush-​era detention policies in
Guantanamo Bay and the CIA black sites.
Louis Brunet, PhD, is a psychoanalyst (IPA, CPS), psychologist, pro-
fessor at Université du Québec à Montréal, and also past president
of the Canadian Psychoanalytic Society. He has published more
than 150 papers and seven books, including a book on forensic
assessment: L’expertise psycholégale. Balises méthodologiques et
déontologiques, 2e édition (Presses de l’Université du Québec, 2014).
Also: Casoni, D., Brunet, L. La psychocriminologie. Apports psy­
chanalytiques et applications cliniques (Presses de l’Université
de Montréal, 2003); Comprendre l’acte terroriste (Presses de
l’Université du Québec, 2009); and Profession psychologue (Presses
de l’Université de Montréal, 2009).
Rosa Corzo, PhD, is a training analyst and president of the Mexican
Psychoanalytic Association (Asociación Psicoanalítica Mexicana –​
APM). She has carried out educational work both at the
Psychoanalytic Institute and at the postgraduate courses at APM.
She is the former founder and president of the Autism Mexican
Society (SOMAC) and the Latin American Federation of Autism
(FEPAL).
Gley P. Costa, MD, is a psychiatrist and psychoanalyst. He is a
full member of the International Psychoanalytical Association
xiv List of contributors

and founding member and training analyst of the Brazilian

Psychoanalytical Society of Porto Alegre. He also teaches at Mario
Martins University Foundation. He is the author of a large number
of psychoanalytic publications, including: Conflitos da vida Real
(ed., Artmed, 2006), O amor e seus labirintos (ed. Artmed, 2007), and
A Clínica psicanalítica das psicopatologias contemporâneas (ed.,
Artmed, 2015).
Ronald Doctor, MD, is a consultant psychiatrist in Medical
Psychotherapy, West London NHS Trust; a member of the
British Psychoanalytical Society; member of the IPA Committee
of Psychoanalysis and Law; member of the British Psychotherapy
Foundation; board member of the International Association for
Forensic Psychotherapy; and Honorary Clinical Lecturer, Imperial
College, London. He has edited two books: Dangerous Patients: A
Psychodynamic Approach to Risk Assessment and Management
(Karnac, 2003) and Murder; a Psychotherapeutic Investigation (Karnac,
2008). He has also published “History, Murder and the Fear of Death,”
International Journal of Applied Psychoanalytical Studies (2015).
Katie Gentile, PhD, is Professor of Gender Studies and chair of
the Department of Interdisciplinary Studies at John Jay College
of Criminal Justice (CUNY). She is the author of Creating
Bodies: Eating Disorders as Self-​Destructive Survival (2017) and
the 2017 Gradiva award-winning The Business of Being Made: The
Temporalities of Reproductive Technologies, in Psychoanalysis and
Cultures (2016), both with Routledge. She is editor of the Routledge
book series Genders & Sexualities in Minds & Culture and a co-​editor
of the journal Studies in Gender and Sexuality. She is on the faculty
of New York University’s Postdoctoral Program in Psychotherapy
and Psychoanalysis and the Critical Social Psychology program at
the CUNY Graduate Center.
Gabriele Gragnoli is a lawyer in Siena. He is one of the co-​founders
of the Civil Chamber of the Lawyers in Siena. He has written a
number of articles, mostly on the juridical and ethical aspects in
the law field, among which there is a contribution in “Comparative
Confidentiality in Psychoanalysis” (BIICL –​British Institute of
International Comparative Law, IPA, London, edited by Penelope
Garvey and Alexander Layton, 2004).
 List of contributors xv

Adrienne Harris, PhD, is a faculty member and supervisor at

New York University Postdoctoral Program in Psychotherapy
and Psychoanalysis. She is a faculty member and a supervisor at
the Psychoanalytic Institute of Northern California. She is an
editor at Psychoanalytic Dialogues, and Studies in Gender and
Sexuality. In 2012, along with Lewis Aron and Jeremy Safran,
she established the Sandor Ferenczi Center at the New School
University. With Lew Aron, Eyal Rozmaren, and Steven Kuchuck,
she co-​edited the Relational Perspectives Book Series (RPBS), a
series now with over 100 published volumes. She is an editor of
the IPA ejournal Psychoanalysistoday.com, which is developing
cross-​cultural communications among the five language groups
in the IPA.
Alicia Beatriz Iacuzzi is a psychologist and psychoanalyst, a
full member with educational role at the APA (Association
Psychoanalytical Argentina), a full member of FEPAL and IPA,
a member of COWAP, and consultant of the Committee of
Psychoanalysis and Law. Prizes include the FELPAL 2004 and
Prize Argentine Association of Mental Health 2006 and 2007. She
is the author of The Enigmatic Prison Labyrinths: A Psychoanalytic
Itinerary (2009) and Crimes Against Sexual Integrity: Psychoanalytic
Joints from the Shadows of Being in Prison (2010).
Cynthia Ladvocat is a full member of Rio1 –​Sociedade Psicanalítica do
Rio de Janeiro; member of European Family Therapy Association;
book organizer of “Guide to Adoption –​Legal, Social and Family;”
and author of Myths and Secrets About the Origin of the Child in the
Adoptive Family.
Andrea Marzi, MD, is a psychiatrist and a full member of the
International Psychoanalytical Association and Italian Psycho­
analytical Society, where he holds several national and international
tasks. He is also an active member of the ApsaA. He is a supervisor in
institutions and in the National Health Service; he has been visiting
fellow in Forensic Psychopathology, University of Cambridge; has
worked in the Department of Forensic Psychopathology; and been
a professor of Developmental Psychology in the University of Siena
and in various schools of specialization in the Faculty of Medicine.
He is on the editorial board of the Italian Rivista di Psicoanalisi.
xvi List of contributors

He currently lives and works in Siena and is the author of several

scientific articles in national and international journals. He is also
the author of several books, including Ciak Turns, Psychoanalysis
in the Cinema (Becarelli, 2013), Post-​modern. A Post to Decipher
(Becarelli, 2016, with other authors), and he is the author/​editor of
Psychoanalysis, Identity, and the Internet (Karnac, 2016).
Eliana Mello is a full member of Rio1 – Sociedade Psicanalítica do Rio
de Janeiro and is a consultant of the Committee’s Psychoanalysis
and Law of International Psychoanalysis Association.
Plinio Montagna, MD, completed postgraduate studies in Social
Psychiatry at the University of London. He holds a master’s
in Psychiatry, is a training analyst, and is the past president of
the Brazilian Society of Psychoanalysis of São Paulo and the
Brazilian Federation of Psychoanalysis. He is a former editor of
the Revista Brasileira da Psicanálise, the chair of the Committee
of Psychoanalysis and Law for the International Psychoanalytical
Association, and former member of its Board of Representatives.
He works as psychiatric and psychoanalytic expert witness in family
courts in São Paulo.
Laura Orsi, Medical School-​UBA, psychoanalyst-​APA (Asociación
Psicoanalítica Argentina), is a full member of the International
Psychoanalytical Association (IPA). She is the coordinator of
Social Media Commission in APA, a member of the Social Media
Committee IPA and of the Psychoanalysis and Law Committee in
IPA, and an advisor in the National Direction of Mediation and
Participative Methods of Conflict Resolution, Ministry of Justice
and Human Rights-​Argentina. She is past director of publications
in FEPAL, the secretary in the “Psychoanalysis Subjectivity
and Community” chapter in APAAPSA, and coordinates the
investigation group “Culture, Web Modernity, Technology and
Psychoanalysis” in APA – Past Culture Assessment in Legislature
in CABA (Baires). She has participated in several courses in gender
leadership, empowerment, and social participation, and has been
a member of the (WDN) Argentine Chapter since the beginning,
working as a Network Communications Manager. She is the co-​
author of Psychoanalysis and Society (Ediciones Continente, 2007)
 List of contributors xvii

and co-​compiler and co-​author of Psychoanalysis and Society, New

Paradigms in the Social (Editorial Dunken, 2017).
Ann Pellegrini, PhD, is Professor of Performance Studies and Social
and Cultural Analysis at New York University. She is also a candi-
date in adult psychoanalysis at IPTAR in New York City. A founding
co-​editor of the “Sexual Cultures” series at New York University
Press, her own books include: Performance Anxieties: Staging
Psychoanalysis, Staging Race (Routledge, 1997); Love the Sin: Sexual
Regulation and the Limits of Religious Tolerance, co-​authored with
Janet R. Jakobsen (Beacon Press, 2004); and Secularisms, co-​edited
with Jakobsen (Duke University Press, 2008). Her most recent
book –​ “You Can Tell Just by Looking” and 20 Other Myths about
LGBT Life and People, co-​ authored with Michael Bronski and
Michael Amico (Beacon, 2013) –​was a finalist for the 2014 Lambda
Literary Award for Best LGBT non-​fiction. She was the 2007 Freud-​
Fulbright Visiting Scholar of Psychoanalysis at the Freud Museum-​
Vienna and the University of Vienna.
Vivian B. Pender, MD, is Clinical Professor of Psychiatry at the
Weill Cornell Medical College and Training and Supervising
­Psychoanalyst at Columbia University, Center for Psychoanalytic
Training and Research. She is a Trustee of the American Psychiatric
Association. She has won honors and awards for her excellence in
teaching medical students. At the United Nations she represents
the International Psychoanalytical Association and the American
Psychiatric Association. Until 2011, she chaired the NGO
Committee on the Status of Women and now chairs the NGO
Committee on Mental Health. During that time, she assisted in the
establishment of UN Women. She is a volunteer Asylum Evaluator
for Physicians for Human Rights. In 2015, she founded Healthcare
Against Trafficking, Inc., a non-​profit organization dedicated to
promoting education and advocacy in the healthcare sector. She is a
co-​investigator on a Weill Cornell Department of Internal Medicine
innovative grant to study “Experiences of Sex Trafficking Victims
in Healthcare Settings.” In 2017 she published a book chapter on
violence against women and in 2018 published a chapter on women
and leadership. She produced four documentaries of conferences
xviii List of contributors

at the United Nations on mental health, human rights, human

trafficking, hatred, and violence. She is the editor of The Status of
Women: Violence, Identity and Activism (Karnac, 2016).
Robert L. Pyles, MD, has twice been president of the American
Psychoanalytic Association, president of the Massachusetts
Psychiatric Society, has served on the Board of the International
Psychoanalytical Association, and on many IPA committees. Since
1969 he has been on the faculty of Harvard Medical School. He has
served for many years as a psychoanalytic and psychiatric forensic
expert, often working with legal firms representing Harvard Medical
School and the Harvard hospital system. For many years, he has
worked in Washington, DC, with many congressmen, senators, and
several presidents, representing the interests of psychoanalysis in
the Halls of Congress. Among other activities, he is a consultant to
US Major League Baseball and has run 47 marathons.
Gertraud Schlesinger-​Kipp is a psychologist and psychoanalyst and
since 1989 has run her own private practice in Kassel as a member
of the German Psychoanalytical Association (DPV, IPA) and full
member of the IPA. Since 1998 she has been a training analyst and
supervisor. From 1995 to 2​ 003 she was president of the Alexander-​
Mitscherlich-​ Institute for Psychoanalysis and Psychotherapy in
Kassel, training institute of the DPV/​ IPA. From 2004 to ​ 2010
she was a member of the board of the DPV, and from 2006 to​
2008 president of the DPV. In the International Psychoanalytic
Association (IPA) she was a member of the board from 2009 to​
2011 and she was and is active in numerous committees, especially
in the Committee on Women and Psychoanalysis (COWAP) since
2002 and as overall chair of COWAP from 2015 to 2​ 017. She has
numerous publications on subjects including: “Female development
in life cycle,” “Remembering of childhood during World War II,”
and psychotherapeutic approach with refugees.
Cândida Sé Holovko is a full member of IPA and the Brazilian
Psychoanalytic Society of São Paulo (SBPSP); co-chair of
COWAP for Latin America, 2014–2017; a liaison member of
COWAP-IPA with SBPSP, 2005–2008; regional editor for the Latin
American journal Calibán (2012–2014); member of the Institut de
 List of contributors xix

Psychosomatique Pierre Marty de Paris; coordinator of a psycho-

analytic psychosomatics group linked to the Institute of Paris; and
chief editor of the institute’s journal (Jornal de Psicanálise), 2009–
2010, in which two volumes were dedicated to COWAP themes of
masculinities/femininities (June and December, 2009). She co-edited
three books on sexuality and gender at Karnac-London (2017),
Blucher-São Paulo (2017), and Letra Viva-Buenos Aires (2016). She
published on masculine and feminine psychosexuality, mind–body
relations, and psychosomatics.
Rakesh Shukla has more than three decades of engagement with law,
constitutional jurisprudence, human rights, and justice melded with
training and practice in psychodynamic therapy. Explorations in
the interface of law and psychoanalysis are a major area of engage-
ment. Interventions in training of judges to minimize impact of
unconscious biases, prejudices, and stereotypes in judicial decision-​
making constitute an important arena of work. His writings have
been published in major newspapers as well as journals on law
and psychology. Publications include “Bail Not Jail;” “Sex Work
and Laws in South Asia;” “Equal Pay for Equal Work;” “Street
Legal;” and “Halsbury’s Laws of India on Misrepresentation and
Fraud.” He is a member of the Supreme Court Bar Association
of India; affiliate, Indian Psychoanalytic Society; counselor, Delhi
High Court Mediation and Reconciliation Centre; Consultant
International Psychoanalytic Association Committee of Law and
Psychoanalysis; and member of the Indian Association of Family
Therapy.
Sverre Varvin, MD, DPhil, is a training and supervising analyst of
the Norwegian Psychoanalytic Society. He is a professor at Oslo
Metropolitan University. He has been working clinically and with
research on traumatization and the treatment of traumatized
patients, especially in the refugee field. He has done process and
outcome research on psychoanalytic therapy, research on traumatic
dreams, and on psychoanalytic training. He has twice been president
of the Norwegian Psychoanalytic Society and he has held several
positions in IPA, among others as vice-​president and board member
and chair of the IPA working group on terror and terrorism. He is
xx List of contributors

presently chair of IPA China Committee. He has published articles

and books on traumatization, refugees, terrorism, and on research
on treatment process and outcome.
Luísa Branco Vicente, MD, is a specialist in Psychiatry and in
Paedopsychiatry. She holds a doctorate in Psychiatry and Mental
Health on the thematic “Depression in Child” (2000), from Faculdade
de Medicina de Lisboa. She is a full member of IPA and didactic
member of Teaching Commission of Portuguese Psychoanalytic,
psychoanalyst of Children and Adolescents (FEP), president of the
Teaching Commission and the Ethics Commission of the Portuguese
Society of Psychoanalytical Group Psychodrama, chairman of the
General Meeting of Portuguese Society of Psychosomatic, teacher
of Faculdade de Medicina de Lisboa and investigator and coordin-
ator in the areas of Medicine and Mental Health in Investigation
Projects.
Estela V. Welldon is a psychoanalytical psychotherapist who worked
for three decades at the Tavistock Portman Clinics NHS Trust.
Presently she works in private practice and lectures worldwide. She
is the author of: Mother, Madonna, Whore: The Idealization and
Denigration of Motherhood (1988), which has been translated into
13 languages; Sadomasochism (2002); and Playing with Dynamite: A
Personal Approach to the Understanding of Perversions, Violence and
Criminality (2011). She is the main editor of A Practical Guide to
Forensic Psychotherapy (1997); Sex Now, Talk Later (Karnac, 2016);
and Sadomasochism in Arts and Politics. In 1997 she was awarded by
Oxford Brookes University a DSc Honorary Doctorate of Science
and in 2014 she was made an honorary member of the American
Psychoanalytic Association for her work in helping to understand
women who harm children. She has been the Visiting International
Professor at Universidad Católica Lima Peru since June 2018, and
she is also the director of the first Russian (Moscow) course on
Forensic Psychotherapy, which has started in March 2019.
newgenprepdf

Acknowledgments

This project emerged from discussions in Buenos Aires during the

IPA Congress in 2017. There at a meeting of the Psychoanalysis and
the Law, chaired by Plinio Montagna, so many complex and exciting
projects were discussed. This book is an outcome of that meeting and
the inspiration generated by its attendees.
We would like to thank the IPA, through the Board, the President
Virginia Ungar, the Vice President Sergio Nick and the Treasurer
Andrew Brook for their support of this project. This support was both
in encouragement and in funding, allowing us to develop and edit a
series of papers that survey an international collection of legal/​psy-
choanalytic problems.
We thank Lily Swistel and Charlotte Gartenberg, who did such
careful deep editorial and translation work.
We are as always grateful to the Taylor and Francis Group who, in
the midst of new and much enlarged responsibilities for publications
and production, so carefully shepherded this project. Our thanks to
Kate Hawes and Charles Bath in particular.
Adrienne thanks her colleagues on the Relational Perspectives Book
Series –​the late Lewis Aron, Steven Kuchuck, and Eyal Rozmarin –​
for their unfailing support and encouragement.
Plinio is grateful to two former Presidents of the IPA: Stefano
Bolognini for endorsing the idea and creating the Committee of
Psychoanalysis and Law of the International Psychoanalytical
Association, and to Charles Hanly for his Outreach support in the
IPA. He thanks also Lucas Weber Abramo for helping in the initial
part of the work.
Introduction
Plinio Montagna and Adrienne Harris

To establish relations and work on the bridges between potentially

allied fields is an unequivocal necessity of our time. Connections
between psychoanalysis and law are required not only for conceptual
or theoretical needs, but also for the vast range of practical implications
and possibilities their association enables. This seems particularly true
in this historic moment when so many aspects of human subjectivity –​
migration, exile, prejudices (racism, homophobia, misogyny, anti-
semitism) –​are proving so challenging to dissolve or transcend.
In this volume, we asked our authors to write on a problem of their
choosing, within their particular, local situation. We think that has
made it possible to go very deep but, at the same time, to offer useful
ideas and concepts to many other allied but distinct situations. It was
a decision to be deep and local in order to offer material and examples
that those of us in many different circumstances can incorporate and
tailor to our own circumstances.
The linkage between these two fields, psychoanalysis and the law,
allow us to situate some complex contemporary questions in the con-
text of a particular society, taking notice what aspects of a certain
question may be common to most human contemporary organizations.
No one can live in a group in which law is not established. These
are explicit principles that guide action and reaction. It is also clearly
important that every individual life in a group and the group itself
is influenced and affected by conscious and unconscious phenomena.
This is the province and the particular contribution of psychoanalysis.
At the same time as we can grasp the scope of professional activ-
ities opened by the collaboration between these areas together, we will
find these modes of thought and practice sometimes in synchrony and
2 Plinio Montagna and Adrienne Harris

sometimes in conflict. The subject of the law and of the clinic are and
are not identical. Here they are in conversation, often heated, always
curious and engaged.
We live in a world where the spectrum of procedures in law is rather
wide. What we might call the judicialization of life is present, possibly
everywhere, and the influence of psychological and specifically psy-
choanalytical ways of seeing the human phenomena is also possibly
ubiquitous.
To be aware of psychoanalytic thought may be influential to some
parameters of legal studies and practices, as chapters of this book
demonstrate. This happens not only by dismantling the rationality of
behaviors, or bringing to the fore human drives and phantasies. Mainly,
in the arena of practice, the valuable force of psychoanalysis is vis-
ible through assisting the understanding of meanings and interpreting
apparently obscure motives in legal operations. This involves every
side of a juridical process, encompassing also the lawmakers and the
law representatives.
By the same token, to be acquainted with major or minor
jurisprudences may contextualize psychoanalytical observations
so that they may effectively contribute to broad interdisciplinary
discussions of many different social and political themes in the con-
temporary world.
The linkage between the two fields is not new, it stems from the
beginning of psychoanalytical development. In 1906 Freud published
“Psycho-​Analysis and the Establishment of Facts in Legal Procedures,”
where he draws an analogy between the criminal and the hysteric,
as both are concerned with a secret, having something hidden. He
emphasizes a common task for therapists and legal agents, which is to
uncover the hidden psychical material.
His study of “The Schreber Case and Psychopathic Characters on
the Stage,” for example, is also relevant for juridical matters, and his
papers assessing culture –​such as “Totem and Taboo,” “Moses and
Monotheism,” “Group Psychology and Analysis of the Ego,” and
“Civilization and its Discontents” –​have relevant contributions to
thinking human law and the individual.
We can say that repression is at the core of the installation of law.
Its development goes around areas of repression, denial, prohibition,
and interdiction.
 Introduction 3

At the same time the influential Austrian jurist and philosopher

Hans Kelsen, who later emigrated to the USA and taught at the
University of California, attended the meetings of Freud’ s group in
Vienna and presented his text “State Concept and Social Psychology
based on Totem and Taboo and Mass Psychology and Ego Analysis.”
His major work, General Theory of Norms, approximates psycho-
analysis and law. Through investigating the origin of laws he proposes
a “regressum infinitum,” where each norm is determined by a higher
one, until arriving at a fictional origin as the beginning, as the first law.
This fictional origin was proposed by Freud in “Totem and Taboo.”
A key element, both for psychoanalysis and for law, is the question
of conflict. In psychoanalysis the conflict begins with Freud as
intrapsychic, later extending to the interpsychic and intersubjective.
Similarly, law is fundamentally related to conflicts between individ-
uals, between groups or between individuals, groups, and the state.
Psychoanalysis shows that conflict can be manifest, that is, as it is shown
in patient complaints, in people around them, or in the symptom itself
and may be unconscious. This can be revealed by psychoanalytic work.
In its application in the area of law, one of the resources that psy-
choanalysis can offer will also be the clarification of the unconscious
implicated in the conflicts at issue in a judicial dispute, or else in an act
that will result in the need for judicial intervention.
The dynamics of interactions involving conflict implies the existence
of opposition. Many times the particular good of each individual and
the universal good are in opposition and have to be overcome, through
law, by the advance in social organization.
If this topic has its powerful beginnings in the earliest conversations
in psychoanalysis, it is also true that each era stirs up its own new sites
of conversion, conversation, and conflict. This volume is divided into
four parts, each addressing a unique site of the interaction of legal
and psychoanalytic work. We begin with matters that are of global
significance even as they are local. There is the challenge of caring for
and aiding migrants, refugees, families, and individuals. There is the
question of planetary survival, of the mistreatment and violence in
military and secular conflict, and in the projects and processes of inter-
national governance.
The middle two parts focus on the very wide-​ranging problems of
social violence as these target women and people of diversity, on the
4 Plinio Montagna and Adrienne Harris

one hand, and, on the other hand, the penetration of law into the
most intimate aspects of family life –​adoption, divorce, child custody,
and complex parental arrangements. Here the law and psychoanalysis
engage the most private and surely often unconscious forces in intimate
life. These realms are more comfortably familiar for psychoanalysis and
psychoanalysts. So here we see the potential advantage in the engage-
ment of two disciplines in conversation. These kinds of interfaces
between disciplines are accustomed to, on the one hand, intimacy and
deeply private often unconscious realms (psychoanalysis), and, on the
other hand, the most principled rational procedures designed to pro-
tect and adjudicate often in sites riddled with anguish and emotion.
Here one feels the two disciplines need the engagement and must also
find areas of difference and conflict.
In the last part of the volume, we look from the perspective of this
double vision (legal and psychoanalytic) at basic processes in social
and legal life. What is the role of forensics, of witnessing, of adjudi-
cating subjectivity and citizenship in the life of communities and in
our increasingly interrelated international community?
This book has been an unusual pleasure and privilege to work on.
We hope that the reader experiences the pleasure and range of ideas in
this volume and is inspired by the work that is reported and described
in these chapters. Welcome to the work of an international group of
psychoanalysts, thinking and working across many local situations.
We note the range of topics relevant to thinking about psychoanalysis
and the law, from the global to the local, the fate of large groups, and
of endangered individuals
Part I

Questions related to global

challenges
Introduction
Plinio Montagna and Adrienne Harris

In this part of the book we consider the legal and psychoanalytic elem-
ents in problems that are global in scale and importance, even as they
also occupy local and specific experiences. We have found in putting
together this collection of chapters, and their very different and also
compatible authors, that sometimes we have to be very local in order
to understand the intricacy of the situation, the general problem and
the particular circumstances in which the psychoanalytic and the legal
co-​create and co-​determine.
Nonetheless, in this part, we consider work which is relevant in so
many parts of the world and must be seen as global problems, even as
they are also local. We begin with two chapters on work with refugees.
Both Sverre Varvin’s work and Cândida Sé Holovko and Gertraud
Schlesinger-​Kipp’s focus is deep and specific but the question of
human rights violations, refugee protection, and support arises more
and more, effecting both the Third World and the First World and
engaging us in discussions which we must say we feel will only deepen
and intensify over time. Varvin writes of the depth of anguish and pain
for clinician and patient that arises in work with traumatized people,
in and separated from their families as they face exile and extensive
danger and isolation. How to work with individuals –​and families –​
where the center of the world has fallen away, where vulnerability can
appear endless. Varvin, importantly, reminds us that human rights
are not simply abstract principles but codes of law and practice; these
rights are anchored in legal activities and guarantees, which, of course,
can be vulnerable, even as they are the legal centerpieces of the psycho-
logical work of care and support.
Sé Holovko and Schlesinger-​Kipp add subtle clinical dimensions to
the presentation of psychoanalytic psychodynamic work with people
8 Plinio Montagna and Adrienne Harris

in states of exile and massive loss. Their work and the pain which they
so powerfully represent remind us that the work is traumatic for the
analyst/​therapist and we need to consider how we take care of each
other. Their presentation also demonstrates how fragile even the
structures of help are, how vulnerable the psychological work is, even
as in many sectors of the clinical situation psychological support is in
place. It is manifest but it is vulnerable. People are too easily lost, even
in a care-​giving system.
Elizabeth Allured turns our attention to a problem that is inher-
ently global and local: climate change and the demands, made on every
one of us, to face the emotional and psychological implications of the
threat to life that climate change constitutes. Here psychoanalysis is an
essential tool, enabling us to notice the terror, the disabling denial and
pervasive disavowal that has thus far had profound limits on work for
change in our relationship to our environment.
This part, and indeed this volume, is anchored by the chapter Vivian
Pender writes on the role of psychoanalysis institutionally and inter-
actively in the United Nations (UN). Virtually every one of these
chapters in this volume brings up an issue or a practice of a conflict
(or all of the above) which can be imagined and explored by looking
at the formal relationship between psychoanalysis and international
legally constituted institutions. The International Psychoanalytical
Association (IPA) is, as Pender notes, a non-​governmental organiza-
tion (NGO) to the UN, and she has played a consultative leadership
role in this relationship. Its charge is to bring mental health issues and
solutions to the UN and bring the work of the UN to our international
psychoanalytic community.
The final chapter in this part, written by Ghislaine Boulanger, gives,
as do many chapters in this volume, an analysis of the potential value
of linking the legal and the psychological and the psychoanalytic,
with a local, quite specific and, in this case, American situation. The
discussions in America about the presence and utilization of torture
and of the role of the psychologist expert in these practices has been
shocking both professionally and among many of our citizens. But
a collective commitment to conventions of war-​making and conflict
is not really solid and this chapter sounds a warning as it describes a
political struggle waged in the profession and among all Americans.
Chapter 1

Psychoanalysis and the situation

of refugees
A human rights perspective
Sverre Varvin

Introduction
Millions of people today experience human rights violations (HRV)
worldwide. Many groups live under conditions that make them vul-
nerable and being exposed to HRV under such conditions can have
devastating consequences. Those affected are people exposed to
trafficking, violence in close relations (mostly women), abused and
neglected children, victims of paramilitary groups and terrorist
groups, violent religious groups, state-​ organized violence, those
impacted by civil wars, and so forth. Many are forced to flee.
At the beginning of 2018, 68,5 million people are displaced world-
wide due to conflict and persecution (this includes refugees and intern-
ally displaced people or IDPs). Of these, 28,5 million are refugees.
There are 10 million stateless people who have been denied a nation-
ality and access to basic rights such as education, healthcare, employ-
ment, and freedom of movement.
The magnitude of the problem is staggering. Approximately 44,400
were displaced every day in 2017 (UNHCR, 2018). One out of every 133
people in the world was displaced in 2017. Over the past five years, 50
families in Syria have been displaced daily and we have seen unimagin-
able suffering due to indiscriminate attacks on civilians. More than
half of refugees and displaced persons are children. The suffering due
to war and persecution today is enormous and we can expect serious
consequences of massive traumatization in the years ahead, especially
for coming generations.
For refugees, flight has become increasingly dangerous and death
tolls are rising (UNHCR, 2016). Women are raped and abducted for
prostitution; many are killed or die, for example at sea; children are
10 Sverre Varvin

violated and forced into the sex industry or slavery (there is increasing
evidence that human trafficking networks cooperate with organized
crime (Europol, 2016)) and many are maltreated and/​or tortured by
police, border guards, or organized crime during flight. One study from
Serbia testifies to this sad situation: 220 refugees were examined and
it appeared that torture and degrading treatments were more frequent
during flight than in their country of origin (Jovanović, Trivunčić, &
Đurašinović, 2015).
Conditions for refugees upon arrival are growing worse. Stranded
in the refugee camps of Greece, Italy, Serbia, Bangladesh, and on
islands outside Australia, thousands must survive with little or no
access to healthcare, poor sanitation, insufficient food, and minimal
human concern. In refugee camps near war zones, conditions have
worsened since 2015 when UNHCR budgets were cut by more than
half (Clayton, 2015). It is not unusual that there are political crises
that involve frequent and cruel atrocities that seldom make headlines.
There are several happening now, including the situation in Kongo,
Yemen, and South Sudan, among others. Millions are displaced and
humanitarian aid is insufficient.
Many refugees or asylum seekers describe their conditions after
arrival, even in more affluent countries, as the worst part of their
refugee journey. On a daily basis, they face long wait times, bureau-
cratic red tape, inactivity, and the possibility of being forced to return
to their homelands. This is described by many as mental torture. There
are reports that the mental and physical health of refugees today is
deteriorating (Hassan, Ventevogel, Jefee-​ Bahloul, Barkil-​ Oteo, &
Kirmayer, 2016), not only due to traumatization in their home coun-
tries but very much as a result of the conditions during flight (violence,
torture, rape, slavery, and so forth) and due to the conditions offered
refugees in centres at the border of Europe (Greece, Italy) and outside,
for example in Libya.
It has repeatedly been shown that refugees as a group have endured
many potentially traumatizing experiences before and during flight
such as near-​death experiences, seeing close ones maltreated or killed,
tortured, raped, and so forth. These experiences represent gross
human rights violations. Most research finds higher-​ than-​average
levels of known post-​traumatic conditions in refugee populations, like
PTSD, anxiety disorders, forms of depression, somatizing disorders,
 Psychoanalysis and the situation of refugees 11

and psychotic disorders (see for example Alemi, James, Cruz, Zepeda,
& Racadio, 2013; Apitzsch et al., 1996; Drozdek, Kamperman, Tol,
Knipscheer, & Kleber, 2013; Kroll, Yusuf, & Fujiwara, 2011; Opaas
& Varvin, 2015a, 2015b; Teodorescu, Heir, Hauff, Wentzel-​Larsen,
& Lien, 2012; Vaage et al., 2010; Vervliet, Lammertyn, Broekaert, &
Derluyn, 2013). The complex traumatizing experiences of refugees
may disturb personality functions, relational functions, affect regu-
lation and somatic regulation (Allen & Fonagy, 2015; Allen, Vaage,
& Hauff, 2006; Rosenbaum & Varvin, 2007; Schore, 2003; Varvin &
Rosenbaum, 2011).
Those who develop mental health problems in exile often suffer
from complex conditions with multi-​layered aetiology, involving the
circumstances of their exile and the aggravating factors accompanying
displacement, which include poverty, poor housing, lack of social
support, stressful acculturation processes, resulting in poor quality of
life. Whole families may be affected and there are specific contingencies
that make the transgenerational transmission of suffering more likely,
for example, insufficient early care and traumatization of children and
stressful family situations (Blanck-​Cereijido & Grynberg Robinson,
2010; Daud, Skoglund, & Rydelius, 2005; de Mendelssohn, 2008;
Krell, Suedfeld, & Soriano, 2011; Romer, 2012; Ruf-​Leuschner, Roth,
& Schauer, 2014; Silke & Möller, 2012; van Ee, Kleber, & Mooren,
2012; Wiegand-​Grefe & Möller, 2012).
The consequences for refugees in the present situation are, in spite
of a high degree of resilience, potentially very serious both for present
and coming generations. It is important to understand and analyze the
refugee crisis from a psychiatric, psychological and medical perspec-
tive, but also to see the situation as a consequence of serious violations
of basic human rights. What many refugees and displaced persons have
experienced and are experiencing would not happen if human rights,
as formulated in internationally accepted conventions, are respected.
The psychological matters at issue are moreover a consequence of the
fact of the most basic rights having been violated in the first place.
The psyche that has experienced these violations is one that is marked
by disruptions in basic systems of attachment, basic trust, narcissistic
imbalances, and major blows to conscious and unconscious dreams of
future development. Understanding the ramifications of the violations
of the patients in our consulting rooms is of paramount importance.
12 Sverre Varvin

We must not think only in terms of mental health problems or diag-

nostic categories (e.g. PTSD), which of course may be useful; we need
to consider the special circumstances of human rights violations.

Human rights matter

Violations represent grave problems for public health and also disturb
the democratic foundations of a society. Healthcare systems in western
countries have been affected in that a growing number of healthcare
seekers have been exposed to HRV. Furthermore, healthcare workers
have participated and still are participating in HRV in, for example,
prisons.
In this chapter I will discuss a human rights perspective on mental
health problems caused by HRV and how attacks on the fundamental
right to be a human affect psychological functioning. I will first shortly
present the international system of conventions that attempts to regu-
late and prohibit the violation of basic human rights.

What are human rights?

Every human being’s uniqueness is what entitles them to ethical
treatment and human rights. Human rights are situated on three
pillars: ethics and moral principles, laws/​ conventions and declar-
ations on human rights, and basic philosophical principles related
to being human. Emphasizing the uniqueness of every human being
has important implications; it opposes conceptions of human beings
that would have them treated as a mass, or some groups as inferior
or superior to others. There is a philosophical conception of man
that informs human rights thinking, and creates ethical and moral
imperatives. The conventions, laws, and declarations concerning
human rights are built on these principles. Fundamental values are
involved: the right to life, the integrity of the body, personal freedom,
safety, the right to have property, the right to have a family and a pri-
vate life, freedom of thought, freedom of belief, freedom of speech,
the right to have work, and the right to health and welfare.
Human rights are thus moral principles or norms that describe cer-
tain standards for human life and are regularly protected as natural
 Psychoanalysis and the situation of refugees 13

and legal rights in national and international law. There are several
definitions of human rights and all concern rights to which a person
is entitled simply because she or he is a human being. One broad def-
inition may be that human rights are inalienable rights and freedoms;
their protection secures all human beings’ inherent dignity and lays the
ground for freedom and justice (Stang & Sveaas, 2016).
They are applicable everywhere and at every time in the sense of
being universal, and they are egalitarian in the sense of being the same
for everyone.
The basis for modern human rights is the universal declaration
formulated after the Second World War (UN, 1948).
Several conventions followed that specify these rights. Among
others, these are:

International Covenant on Civil and Political Rights (1976)

This convention concerns “negative” rights in that these rights are
not dependent on resources. These rights shall apply no matter the
resources or circumstances. They concern a state’s duty for example
to provide freedom of speech, freedom of movement, freedom of reli-
gion, and proscribe torture. State adherence to the protection of these
rights is supervised by the UN’s committee on human rights.

International Covenant on Economic, Social and Cultural

Rights (1976)
This convention concerns “positive” rights, that is, rights that require
resources, for example, the right to work, pensions, a reasonable living
standard. The convention recognizes the possible lack of resources,
but there is a mandate to initiate measures and procedures to achieve
these goals.

Convention Relating to the Status of Refugees (1951)

with additional protocol 1967
This convention defines who has a right to be granted residence as a
refugee in another country. It specifies the duties of countries when
receiving refugees. It does not, however, mention the right to seek and
14 Sverre Varvin

admit persons’ asylum. The Universal declaration from 1948, para-

graph 14, says, however, that anybody has the right to seek asylum and
accept asylum due to persecution.
There are several other conventions of concern for health workers,
e.g. International Convention on the Elimination of All Forms of
Racial Discrimination of 21 December 1965 (ICERD), Convention
on the Elimination of All Forms of Discrimination against Women
of 18 December 1979, Convention on the Rights of the Child of 20
November 1989 (CRC) (for further reference see www.eda.admin.
ch/​eda/​en/​home/​foreign-​policy/​international-​law/​un-​human-​rights-​
treaties.html)
In the context of this article the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment from
1984 is of importance (UN, 1984).
This convention concerns protection against torture, the right to
remedy and to justice, the right to reparation, compensation and in
particular the right to rehabilitation. I will return to the question of
torture. (It should be mentioned that other conventions also treat tor-
ture as a special case, e.g. the American Convention on Human Rights,
the European Convention for the Prevention of Torture, the African
Charter on Human and Peoples’ Rights, The Convention for the
Protection of Human Rights and Fundamental Freedoms).
These conventions/​ declarations and their underlying ethical
principles function as guidelines for, among others, health workers
in situations of conflict and who are under pressure, or in situations
of dual loyalties (for example for health workers working in prisons)
(Baldwin-​Ragaven et al., 2002).

Why are human rights important for health

workers?
Human rights are a concern for health workers for the following
reasons: a) everyone’s, including health workers’ and patients’, basic
rights and dignity are dependent on human rights; b) health pol-
icies/​programmes and all interventions can support or violate basic
human rights; c) violations of human rights may have serious health
consequences; d) endorsement of human rights promotes public
 Psychoanalysis and the situation of refugees 15

health; and e) preventing health workers from participating in human

rights violations is very important.
The last has been documented in recent history through the involve-
ment of doctors in the Nazi genocide and euthanasia programs
(Lifton, 2004), and the American Psychological Association’s involve-
ment in torture (Patel & Eikin, 2015). In the latter case, the torture and
dehumanization of people supposedly connected with Al Qaeda and
other terrorist groups were human rights violations sanctioned by state
authorities. Health personnel failed to hinder or report torture, gave
medical information to torturers, and even forged death certificates.

Dehumanization
Needless to say (but a reminder is important nevertheless), torture
implies great health risk for the affected, for their families and larger
communities, and for the foundation of society. Torture is the most
dehumanizing treatment that is known. It often occurs in the context
of other dehumanizing practices in political situations such as perse-
cution, ethnic cleansing, and genocide. Today’s refugees are especially
exposed both in their country of origin and during flight.
Dehumanization is a process that is simultaneously socio-​political
and psychological; fundamental human characteristics are disavowed
in other people, such that others are perceived as less than human or
non-​ human. Consequently, actions resulting from dehumanization
can threaten the basic rights of these “others” and endanger their lives
and safety.
Dehumanization on a societal scale often goes hand-​in-​hand with
xenophobia and lays the ground for malicious violations of basic
human rights. This was the case in the genocides during the Balkan
wars in the 1990s, during the genocide in Rwanda, during the geno-
cide against Yazidis, to mention a few –​and strong xenophobic pol-
itical movements in the western world have, in the last decades, led to
increasingly malignant behavior towards refugees/​asylum seekers and
ethnic minorities.
When xenophobia becomes part of a political or religious narrative
and is used to foster intergroup conflict, unconscious processes, both
at individual and group levels, are set in motion. These unconscious
16 Sverre Varvin

motivational forces are organized at primitive mental levels (i.e.

undifferentiated and not well-​structured) and involve fantasies that
may be shared by many people in a group or community. Such fan-
tasies are often related to common life themes such as sibling rivalry,
the struggle between good and evil, or separation-​ individuation
(Bohleber, 2007, 2010), but they are magnified in the xenophobic con-
text where libidinal aspects are separated or split from aggression.
Relationships and social fields usually characterized by mutuality
are transformed into fields of projections where the other is cast in
the role of the projected, unwanted parts of the self or of the group-​
self. As the other is perceived as “not human,” not like “us,” then
inhumane and violent behavior may be justified (Varvin, 2017) as a
fight/​flight response (Bion, 1952).
There is thus a complex societal process that leads to atrocities (e.g.
torture). The ground is prepared for the ignoring and more or less con-
sciously violation of basic human rights as specified in human rights
conventions. Dehumanizing processes deprive persons or groups of
their political status and ultimately of their humanity. A man becomes
only a man, that is, not a citizen protected by a state/​nation. This
“naked” status implies a loss of those characteristics that makes it pos-
sible for others to treat this person as a fellow human being (Mitmensch)
(Arendt, 2017). Studies on processes leading to genocides demonstrate
this with horrifying clarity (Crowe, 2013; Varvin, 1995; Yazda, 2017).

Torture
Torture may be defined as any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person has
committed or is suspected of having committed.
The four Geneva Conventions on the law of war establish firm rules.
The common Article 3 states:

the following acts are and shall remain prohibited at anytime and
in any place whatsoever … violence to life and person, in particular
murder of all kinds, mutilation, cruel treatment and torture; …
 Psychoanalysis and the situation of refugees 17

outrages upon personal dignity, in particular humiliating and

degrading.
(ICRC, 1949)

The prohibition of torture or other ill-​ treatment could hardly be

formulated in more absolute terms. In the words of the official com-
mentary on the text by the International Committee of the Red Cross
(ICRC), “no possible loophole is left; there can be no excuse, no
extenuating circumstances” (ICRC, 1949).
In spite of this absolute “no,” torture is practiced in more than half
of the world’s countries. There are undoubtedly countless people who
are impacted by torture living in the world today, its direct victims and
their communities. We don’t know how many have been killed during
torture.
Torture happens in what Lifton calls an ““atrocity-​producing situ-
ation” –​these are situations “so structured, psychologically and mili-
tarily, that ordinary people can readily engage in atrocities.” And
concerning doctors’ participation, he states: “Even without directly
participating in the abuse, doctors may have become socialized to an
environment of torture and by virtue of their medical authority helped
sustain it. In studying various forms of medical abuse, I have found
that the participation of doctors can confer an aura of legitimacy and
can even create an illusion of therapy and healing” (Lifton, 2004).
Article 14 in The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment states that: “Each
state party shall ensure in its legal system that the victims of an act
of torture obtains redress and has an enforceable right to fair and
adequate compensation including the means for as full rehabilitation
as possible.”
There are a number of definitions of rehabilitation and of what is
understood by services that aim at rehabilitation. The recently adopted
General Comment number 3 to article 14 of the Convention Against
Torture argues that rehabilitation “should be holistic and include
medical and psychological care as well as legal and social services.”
Furthermore, rehabilitation “refers to the restoration of function
or the acquisition of new skills required as a result of the changed
circumstances of a victim in the aftermath of torture or ill-​treatment.
18 Sverre Varvin

It seeks to enable the maximum possible self-​sufficiency and function

for the individual concerned and may involve adjustments to the
person’s physical and social environment. Rehabilitation for victims
should aim to restore, as far as possible, their independence, physical,
mental, social and vocational ability; and full inclusion and participa-
tion in society” (UNCAT, 2012) (cited in Sveaass, 2013).
This is a strong statement, which implies that all who have been
tortured should have the right to redress and rehabilitation wher-
ever they are. By virtue of signing the convention, states are required
to provide help and rehabilitation to the victims of torture residing
within their borders.

Psychological effects of HRV and torture: what role

can psychoanalysts have?
Being exposed to gross human rights violations, especially torture,
affects basic systems of security, exposes the self to humiliation and
shaming and sets forth a cascade of anxiety-​provoking fantasies. More
seriously, it gives the person a feeling of being outside of and not part
of the human community. As Jean Amery wrote:

I am certain that with the very first blow that descends on him
he loses something we will … call ‘trust in the world’. Trust in
the world includes … the certainty that by reason of … social
contracts the other person will … respect my physical … being.
The boundaries of my body are also the boundaries of my self. My
skin surface shields me against the external world. If I am to have
trust, I must feel on it only what I want to feel. At the first blow,
however, this trust in the world breaks down. He is on me and
thereby destroys me … with the first blow … a part of our life ends
and it can never again be revived. … Whoever was tortured, stays
tortured. Torture is ineradicably burned into him.
(Amery, 1998)

A patient came cautiously into the consulting room. He looked

under the sofa, behind pictures and whispered, “He (the dic-
tator) killed all my family”. He was shivering, could hardly
 Psychoanalysis and the situation of refugees 19

breathe properly and looked around with wide open eyes. I gave
him tea. I asked about his daily and nightly life. Hesitatingly,
stammering, he said he could hardly sleep, did not eat much and
actually had no own place to live and had to be taken care of
by friends. He was terrified all the time. Did not feel safe any-
where. I asked about what food he was eating, which he could
not remember. When I asked what kind of food his mother had
made for him and he started to remember, he started to cry and
could relax a bit.
(Therapy session with author)

This man felt totally lost. He felt almost no safe anchoring in his
internal world and the external reality was totally unsafe. He lost his
familiarity of being a human being among other human beings and
felt totally alienated. His way of being in the world is typical of per-
sons who have survived gross human rights violations. It is a psycho-
logical situation reinforced by being in exile and, for many, by not
having a proper legal status as a citizen. The next vignette concerns
the situation of flight –​and for the many who must live for years
in bad refugee camps and wait for their asylum applications to be
evaluated.
A father, stranded in Nauru outside Australia, wrote the following
letter to United Nations Secretary-​General Ban-​Ki-​Moon and Peter
Thomson, president of the United Nations Summit on Refugees, held
in New York on September 19, 2016:

We simply trusted what they told us. Yet over three years later
we are still trapped in Nauru, like rare animals living in an
Australian-​made zoo.
After being brought to Nauru we spent almost 24 months in
detention, before we were finally found to be genuine refugees.
Since then I have not slept even one night without having recurring
nightmares of those endless months living in a hot, mouldy tent.
We became so alienated from our humanity, we were thoroughly
transformed into a bunch of animals after years of living in the
most appalling conditions possible.
(Herald, 2016)
20 Sverre Varvin

These stories, of which there are many, illustrate the profound effect
of being placed outside the common humanity. As Hanna Arendt
described in her writing after the Second World War, people who are
so mistreated, and deprived of basic rights, are subject to further dehu-
manizing treatment, as they are seen as less than human.

Miss A came to Norway as a refugee after having been arrested and

spending time in prisons and concentration camps due to partici-
pation in a peaceful political movement in her home country. She
had a daughter of 10 years. She lived in isolation, had few friends
but managed to work part time. She suffered from posttraumatic
problems with bad sleep, nightmares, anxiety of bodily pains. She
had attempted treatment several times but they came to abrupt
endings mostly because she felt humiliated and disrespected. She
avoided close relationships, especially with men as she feared being
treated with no respect and –​as she later said –​that it would be
revealed that there was something fundamentally wrong with her.
The last was a pronounced fear in therapy. She felt she had to
defend herself against a therapist whom she imagined could be
dangerous. She resisted involving herself in the therapy, as she
feared that during the process it would irrefutably be proven that
she had been damaged for life. As she said: “That I cannot ever
be a normal human being”. It was revealed that that was what the
torture team had repeatedly told her.
Her distrust and defensive attitude was present from the begin-
ning of the therapy. She gradually became more depressed and
expressed that hope for improvement was diminishing. During a
period with suicidal ideation and intense distrust in the transfer-
ence where the patient literally felt tortured by the therapist, it was
revealed that there had been a medical doctor participating in the
torture. She had been given medication to make her reveal secrets
and the doctor had “supervised” how much torture she could
stand. She realized soon after how much of her distrust had arisen
from what she called “mixing up” present with past. This was a
breakthrough in the therapy. A long working through followed
where earlier determinants of her distrust, especially related to a
difficult relation to her father was explored. It was also obvious
 Psychoanalysis and the situation of refugees 21

that, in a work of nachträglich, her relation to father had been col-

ored by the experiences with the male torturers.
(Varvin, 2003)

Conclusion
There is tremendous work to be done to improve the conditions of
refugees, especially for seriously traumatized refugees –​to provide
proper re-​humanizing conditions. The whole refugee system has to
be revised internationally. The situation in most countries is geared
towards keeping refugees out. Disproportionately more money is
used in Europe on surveillance and border control in order to keep
refugees out, than on providing good enough conditions and measures
that would prevent trauma and retraumatization. Governments have
for decades to a large degree failed to make refugees’ flight safe and
increasingly paved the ground for human smugglers profiting from
organizing refugees’ increasingly dangerous journeys. The conditions
of refugee camps are appalling.
In this context some psychoanalysts have done important work
on a larger scale (Volkan, 1999) and many provide psychological
help for refugees both during flight and upon arrival (Lebiger-​Vogel
et al., 2015; Leuzinger-​Bohleber, Rickmeyer, Tahiri, & Hettich, 2016).
Psychoanalytic therapy is also provided in many places and there are
prominent psychoanalysts that have developed good strategies for the
treatment of severely traumatized persons (Henry Krystal, Dori Laub,
and Sylvia Amati Sas, among others (Krystal, 1978; Laub, 2005; Sas,
1992)). Psychoanalytic therapy is not, however, offered to the extent
that is necessary, especially as psychoanalytic psychotherapy is a
very promising tool for what article 14 in the Convention on torture
demands: redress and rehabilitation.
The humanizing potential of psychoanalysis is key to this crisis.
There is increasing evidence that psychoanalytic therapies are effective
for traumatized persons in comprehensive ways; they may help address
crucial areas in the clinical presentation of complex traumatization
(complex PTSD) that are not targeted by other currently empirically
supported treatments. Psychoanalytic therapy has a historical per-
spective and works with problems related to the self and self-​image.
22 Sverre Varvin

It enhances the ability to modulate reactions to trauma through

improved reflective functioning, and aims at internalization of more
secure inner-​working models of relationships. Our work utilizes the
human therapeutic relationship to improve social functioning. Finally,
and this is increasingly substantiated in several studies, psychodynamic
psychotherapy for traumatized patients tends to result in continued
improvement after treatment ends (Schottenbauer, Glass, Arnkoff, &
Gray, 2008).
Psychoanalysis, psychoanalytic therapies, and psychoanalytically
informed interventions in refugee camps have a broad and basically
humanistic character in the sense of re-​humanizing the individual,
by facilitating the process of connection to others and by helping
to re-​establish basic human bonds. Dori Laub showed that a grave
consequence of extreme traumatization is a breach in the bond to an
empathic inner other (Laub, 1998, 2005). This special object relation
is the basis for the experience of being connected to others –​and for
being and feeling like a human. This meaning is embedded in inter-
national declarations that concern human rights. Basic human rights,
which include safety, the right to family, home, and protection, are
integral to membership in the human community. These basic rights
are givens, but not stable –​they have to be fought for continuously in
different arenas. Psychoanalysts have, in this fight, their specific tasks
and obligations.

References
Alemi, Q., James, S., Cruz, R., Zepeda, V., & Racadio, M. (2013). Psychological
distress in Afghan refugees: A mixed-​method systematic review. J Immigr
Minor Health, 16, 1247–​1261. doi:10.1007/​s10903-​013-​9861-​1
Allen, J., & Fonagy, P. (2015). Trauma. In P. Luyten, L. Mayes, P. Fonagy,
M. Target, & S. Blatt (Eds.), Handbook of Psychodynamic Approaches to
Psychopathology (pp. 165–​198). New York, London: Guilford Press.
Allen, J., Vaage, A.B., & Hauff, E. (2006). Refugees and asylum seekers in
societies. In D.L. Sam & J.W. Berry (Eds.), The Cambridge Handbook of
Acculturation Psychology. Cambridge: Cambridge University Press.
Amery, J. (1998). At the Mind’s Limits: Contemplations by a Survivor on
Auschwitz and its Realities. Bloomington, IN: Indiana University Press.
Apitzsch, H., Eriksson, N.G., Jakobsson, S.W., Lindgren, L., Lundin, T.,
Movschenson, P., … Sundqvist, G. (1996). A study of post-​traumatic stress
Another random document with
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16. For the teaching of the Upanishads see Gough; Hopkins, R. I.,
Chap. X; Garbe, 7-10.

17. See Deussen on each of these Upanishads, especially p. 264;

and Cf. Macdonell, 226.

18. Garbe, 10; Macdonell, 390, 393.

19. Führer, Monograph on Buddha Sakyamuni’s Birthplace, Arch.

Surv. of India, Vol. XXVI, Allahabad, 1897; Macdonell, 13.

20. For the Sānkhya system, see Garbe, 10, 11, 29, 36, 45;
Macdonell, 390-395; Dutt, C. A. I., Vol. I, pp. 276 ff.

21. Macdonell, 393.

22. Macdonell, 226; Deussen, 261, 523, 288, 544, 241.

23. Deussen, 264.

24. Katha, 3, 10-13; 6, 6; 6, 7-11; 6, 14-18; Svet. passim;

Mundaka, 2, 1, 1-3; Mahānār, 63, 21. Cf. Deussen, ad loca.

25. Katha, 2, 23; Svet. 3, 20; Mundaka, 3, 2-3. Cf. Hopkins, R.I.,
238.

26. Svet. 6, 23.

27. Svet. 6, 13.

28. Müller, Anthrop. Rel., 345; Oldenberg, Budda, 56.

29. Weber, Sitz. Berli. Ak. 1890, p. 930.

30. I. L., 159.

31. Deussen, 291, 308.

32. Deussen, ad loca; Macdonell, 226.

33. Deussen, 242.

34. Deussen, ad loca; Macdonell, 226.

35. Garbe, 14; Macdonell, 396; Hopkins, R. I., 495.

36. For the Yoga system, see Garbe, 14-15; Macdonell, 396-399;
Dutt, C. A. I., Vol. I, pp. 285 ff.

37. Garbe, 16-18; Macdonell, 400-402.

38. Deussen, 4; Macdonell, 238; Dutt, C. A. I., Vol. I, 119; Garbe,

69.

39. Deussen, 541-543; Macdonell, 238-239.

40. Macdonell, 239. Cf. Deussen, 543; Weber, I. L., 153 ff.

41. Bose, H.C., Vol. I, 4.

42. Garbha, 4; Prānāgnihotra, 1; Sūlika, passim.

43. Macdonell, 428; Hopkins, G. E. I., 18-23.

44. Macdonell, 282-4.

45. See Hopkins, G. E. I., Chap. VI; R.I. 350; Macdonell, 285-288.

46. Hopkins, G. E. I., 397-398; Macdonell, 283-286. Bunkim

Chundra recognizes the second, third and fourth of these
stages: see Krishnacharitra, Chap. XI.

47. The Ordinances of Manu, Burnell and Hopkins, pp. XIX-XXVIII;

Macdonell, 428.

48. Hopkins, G. E. I., Chap. III; R. I., 265.

49. Hopkins, R. I., Chaps. XIV and XV; Bose, H. C., Vol. I, 3.
50. See Telang’s translation throughout, and cf. Hopkins, G. E. I.,
28-46; Amalnerkar, 4-5.

51. Telang, 15.

52. Cf. Hopkins, R. I., 429.

53. G., IV, 8.

54. Hopkins, R. I., 399.

55. G., IV, 1-3.

56. G., XVIII, 13.

57. G., XVIII, 19.

58. G., X, 26. This is a noticeable point; for Kapila is the only
founder of a philosophical system known to the Epic; he alone
is authoritative in all philosophical matters. See Hopkins, G. E.
I., 97.

59. G., X, 24.

60. See Hopkins, R. I., 414.

61. G., X, 27.

62. G., X, 27.

63. G., X, 28.

64. G., X, 31.

65. G., II, 72; V, 24; 25; 26; VI, 15.

66. Hopkins, G. E. I., 88; R. I., 427.

67. Mahābhārata, Bhīshma Parvan.

68. G., VIII, 24-25.

69. Amalnerkar, 13.

70. See Jacob’s Concordance to the Principal Upanishads and

Bhagavadgītā.

71. Mr. Justice Telang was inclined to put the date before the third
century B.C., but his otherwise most judicious criticism is faulty
in this that it does not take all the factors of the problem into
consideration. Others, such as Müller, Weber, Davies and
Lorinser, incline to a very late date, about the third century A.D.
Most writers believe that the true date lies between these
extremes. So Monier-Williams, Hopkins, Fraser and others.
Prof. Amalnerkar’s pamphlet contains a number of most
interesting points. His contention, that the phrase,
Brahmasūtrapadaih (G. XIII, 4) refers to the Vedānta Sūtras,
and that the Gītā is therefore the later work of the two, has
been accepted by Max Müller (S. S. I. P., 155), but Prof.
Hopkins thinks the Gītā is earlier than the Sūtra (R. I., 400).
The theory which Prof. Hopkins holds, that the Divine Song
was originally an Upanishad, and that it was redacted, first as a
Vishuite poem, and then a second time in the interests of
Krishnaism (R. I., 389), would account, on the one hand, for
the numerous inconsistencies in its teaching, and, on the other,
for the very conflicting signs of date which it presents. For a
criticism of Bunkim Chundra’s views, see the Appendix.

72. Dutt, C. A. I., Vol. I, 9-11; Bunkim Ch. Chatterji, Krishnacharitra,

46; Macdonell, 174-175, 285; Hopkins, R. I., 33, 177-179.

73. Macdonell, 285; Weber, I. L., 90.

74. S. B. E., Vol. XII, pp. XLI-XLII; Macdonell, 213.

75. S. B. E., Vol. XIV, Index. Cf. Weber, I. L., 186; Krishnacharitra,
31.
76. 3, 17, 6. See Dutt, C. A. I., Vol. I, 189; Weber, I. L., 71; Bose,
H. C., Vol. I, 26; Hopkins, R. I., 465.

77. Weber, I. L., 70.

78. Whether Krishna Angirasa in the Kaushītaki Brāhmana be the

same person as Krishna Devakiputra, or not, we cannot tell.

79. Dutt, C. A. I., Vol. I, 127; Bose, H. C., Vol. I, 33-34; Hopkins, R.
I., 403; Monier-Williams, 112.

80. The reference to Krishna and Arjuna runs

Vāsudevārjunābhyām vun (IV, 3, 98), words which put the two
on one level.

81. Hopkins, G. E. I., 390-395.

82. Hopkins, G. E. I., 395.

83. We need not stay to ask whether the Srimadbhāgavat and

other Purānas can be trusted as evidence for the life of
Krishna; for all scholars agree that, while ancient Purānas
existed, all those that have come down to us reflect a later
stage of Hinduism than that of the Mahābhārata; and that,
while they contain much that is old scattered up and down their
pages, the oldest fragments are of the same general date as
the Mahābhārata and Manu. Hopkins, R. I., 434-445;
Macdonell, 299-302; Dutt, C. A. I., I, 19; II, 211; Müller, A. S. L.,
61; Kaegi, 8, 105; Krishnacharitra, Chaps. XIV-XVI.

84. The study of Prof. Macdonell’s excellent manual ought surely

now to be made part of any Sanskrit course prescribed for a
University degree in India.

85. Bose, H. C., Vol. I, 5.

86. The Student’s Chronicle, May 1903, p. 6.

87. For some amusing instances see Hopkins, R. I., 522, note, and
cf. Monier-Williams, Chap. X.

88. Monier-Williams, 260.

89. Garbe, 85; Monier-Williams, 98, 112, note.

90. McCrindle, Ancient India, 201. Cf. Hopkins, R. I., 459;

Macdonell, 411; Dutt, C. A. I., Vol. I, 219; Garbe, 19, 83.

91. That it was only at a very late date that this identification took
place is evident from the fact that it is not once mentioned in
the early literature. Even in two of the Vishnu Upanishads of
the Atharva Veda, the Atmabodha, and the Nārāyana, Krishna
is referred to as a mere man. Apart from the Gītā and the
Mahābhārata, the earliest reference to him as God incarnate is
in the Gopālatāpanīyopanishad. See Weber, I. L., 169; and cf.
Garbe, 18-19, 85; Bose, H. C., Vol. I, 25-26; Dutt, C. A. I., Vol.
II, 191.

92. For the inconsistencies of the Gītā, see Telang, p. 11; Hopkins,
R. I., 390, 399, 400.

93. VII, 6; 10; IX, 8; 10; 13; XIV, 3.

94. VII, 7; IX, 5.

95. IX, 7.

96. IX, 7.

97. IX, 4.

98. VII, 8-11; X, 20-38.

99. IX, 10; 17-18.

100.
IV, 14.
101.
IX, 9.

102.
III; 22-24.

103.
This is Telang’s translation of two very difficult, yet very
instructive phrases. In the Gītā the word prakriti is used, first for
the primeval matter of the Sānkhya system (III, 27; 29; IX, 8,
10, 12; XIII, 19, 20, 23, 29), and secondly for the primeval
matter of personal character, each man’s natural disposition
(III, 33; VII, 20; XI, 51; XVIII, 59). There is then a third class of
passages in which the word is used in the Sānkhyan sense,
but, by the addition of a personal pronoun, prakriti is made to
belong to Krishna personally (VII, 4, 5; IX, 7, 13). Here we have
one of the devices our author employed to give the great old
phrases a vivid personal colouring. Now such a phrase as “my
prakriti” is already ambiguous; so we are not surprised to meet
with two passages, in which it is impossible to tell whether the
meaning is metaphysical or ethical (IV, 6; IX, 8). Probably the
author intended to suggest both meanings. Most translators
take the meaning to be metaphysical, but Telang may be right
in taking it as ethical: Krishna is regarded as the ideal of Action
Yoga. For a similar use of the personal pronoun compare
sarvakarmāni mayi sannyasya (XVIII, 57) with sarvakarmāni
sannyasya of the Paramahansopanishad. Pages 706, 708 and
709 of Jacob’s Concordance to the Principal Upanishads and
Bhagavadgītā are peculiarly instructive in this connection.

104.
IV, 14; IX, 9.

105.
X, 12, 20.

106.
III, 3; IV, 36-38; XII, 12.
107.
XII, 12; XIII, 24.

108.
II, 47-53; III, 7, 30; IV, 14-23; V, 2; VI, 1; XII, 12; XVIII, 1-11.

109.
VII, 13-14; XII, 20.

110. VII, 15; IX, 11-12; XVI, 6-20.

111. II, 61; VII, 14; XII, 6; XVIII, 57.

112. XII, 2.

113. VI, 14, 31; IX, 13-14, 22, 30, 34; X, 8-10; XII, 2, 6-7, 14.

114. IV, 10; VII, 1, 29; IX, 32.

115. VI, 14; X, 9; XVIII, 57-58.

116. VIII, 5, 7, 14.

117. X, 3; XVIII, 66.

118. IV, 14; IX, 28; XVIII, 49.

119. V, 29; VI, 15; XVIII, 62.

120.
X, 11.

121.
VI, 15; VIII, 15.

122.
IV, 9; VII, 19; VIII, 5, 7, 15-16; IX, 25, 28, 32, 34; XII, 8; XIII, 18;
XIV, 2; XVIII, 55-56, 62, 65.
123.
X, 2.

124.
X, 1-3, 20.

125.
IX, 23.

126.
VII, 21-22.

127.
IX, 29.

128.
IX, 22; X, 7-11.

129.
Zeller, Socrates, Chaps. I and II.

130.
Zeller, Socrates, Chaps. III to IX; Bury, History of Greece, II,
140-146; Grote, History of Greece, Chap. LXVIII.

131.
Zeller, Socrates, Chap. X; Bury, History of Greece, II, 147.

132.
So called by Pericles, her greatest statesman. See
Thucydides, II, 41.

133.
See Milton, Paradise Regained, IV, 272-280.

134.
Socrates, Part III.
135.
Mahaffy, Greek Literature, II, 160-162; Ritchie, Plato, Chap. I;
Mayor, Ancient Philosophy, 41 ff.

136.
For the Dialogues see Ritchie’s Plato, Chap. II.

137.
On the Republic see Mahaffy, Greek Literature, II, 195-201.

138.
Plato, Rep., II, 360 E-362 A, Davies and Vaughan’s translation.

139.
The Bible, complete or in part, is printed and published to-day
in 454 languages and dialects. The number of Bibles, New
Testaments and portions sold by the various Bible Societies of
Europe and America, in lands outside Europe, amounted in
1901 to 3,286,834. (Centennial Survey of Foreign Missions by
the Rev. James S. Dennis, D.D.) These figures do not include
the Bibles sold by the ordinary publishers of Christian
countries, nor the Bibles sold in Europe by Bible Societies. If it
were possible to gather all the statistics, we may be certain the
figures would amount up to five or six millions. What a book
that must be, which circulates in 454 languages, and is sold at
the rate of 5,000,000 copies per annum!

140.
Hosea, 11, 1.

141.
Amos, 3, 2.

142.
2 Kings, 17, 1-23; the figures are from an inscription of Sargon,
the victorious Assyrian King: see Authority and Archæology,
101.
143.
2 Kings, 19, 35-36; Wellhausen, Israel and Judah, Chap. VII;
Authority and Archæology, 105-108.

144.
Jeremiah, 25, 1-14.

145.
2 Kings, 25, 1-22.

146.
Psalm 137.

147.
The details have now been read in Cyrus’s own inscriptions:
Hastings, Dictionary of the Bible, I, 541.

148.
From Chap. 40 onwards. See Driver, Introduction, 217.

149.
Isaiah, 40, 1-10; 44, 24-28.

150.
Authority and Archaeology, 123-126.

151.
Ezra, Chap. 1.

152.
Isaiah, 42, 19.

153.
For the ideas of this great prophet, see the Cambridge Bible for
Schools, Isaiah, Vol. II, pp. XXII-XXXIX.

154.
Isaiah, 42, 1-4.
155.
Isaiah, 49, 1-6.

156.
Isaiah, 50, 4-9.

157.
Isaiah, 52, 13-53, 12.

158.
Froude, Cæsar, 12-19.

159.
For the whole picture see Mommsen, especially the very last
page of his history.

160.
Virgil, Eclogues, IV, 4-25.

161.
Sellar, Virgil, 146; Simcox, Latin Literature, Vol. I, 257.

162.
Sellar, Virgil, 145. Cf. Boissier, La Religion Romaine.

163.
See article Slavery in Encyclopædia Brittanica; and cf. Gibbon,
Chaps. II and XXXVIII; Cunningham, An Essay on Western
Civilization in its Economic Aspects; Wallon, Histoire de
l’Esclavage dans l’Antiquité.

164.
Fowler, The City-State of the Greeks and Romans; Mahaffy,
Social Life in Greece, 44; Kidd, P. W. C., Chap. VI.

165.
Kidd, P. W. C., Chaps. VII to IX.
166.
Kidd, P. W. C., 190, 223-4.

167.
Sohm, The Institutes of Roman Law; Wallon, Histoire de
l’Esclavage dans l’Antiquité.

168.
Bury, History of Greece, I, 72.

169.
Kidd, P. W. C., 223.

170.
Kidd, P. W. C., 168.

171.
Kidd, P. W. C., 160-172; Seebohm, The Structure of Greek
Tribal Society, 4, 138.

172.
Sir Robert Giffen, Address to the Manchester Statistical
Society, 15.

173.
Kidd, Social Evolution, Chaps. IV & V.

174.
Tacitus, Annals, XV, 44, Church and Brodribb’s translation.

175.
Church and Brodribb’s Annals, 374.

176.
For all the facts and the opinions of various scholars, see
Hastings, Dictionary of the Bible, I, 410-415.

177.
Matthew, Chapters 26 & 27.
178.
For the criticism of the Gospels see below, pages 49-50.

179.
Matt., 26, 67-68.

180.
Matt., 27, 27-31.

181.
Matt., 27, 32-44.

182.
It was not the teaching of Jesus, but His interference, in the
interests of His own supreme standards, with the traditional
worship and customs of the Jews, that led the Jewish hierarchy
to determine on His death. See below p. 52.

183.
See Hastings, Dictionary of the Bible, ad loca, and Moffatt,
Historical New Testament, pp. 272-274. The most probable
dates are, for Mark, 66 to 70 A.D., and for Matthew and Luke,
70 to 75 A.D.

184.
See the masses of evidence gathered in Schürer, H. J. P.

185.
Fairbairn, The Philosophy of the Christian Religion, pp. 328-9.

186.
Mark, 1, 9.

187.
Mark, 1, 9.

188.
Mark, 6, 3.
189.
Luke, 3, 1; 1, 4, 14.

190.
Luke, 5, 8.

191.
Luke, 7, 36-50.

192.
Luke, 19, 1-10.

193.
Luke, 23, 39-43.

194.
See Harnack, What is Christianity, pp. 32-35.

195.
See specially Weiss, N. T. Theology; Beyschlag, N. T.
Theology; Wendt, Teaching of Jesus; Stevens, Theology of the
New Testament; Robertson, Our Lord’s Teaching; and many
others.

196.
See Schürer, H. J. P., Div. II, Vol. II, pp. 126 ff.

197.
The reason for His silence is to be found in the fact that the
Messianic hope, as popularly held, had become largely
political: to have confessed Himself the Christ would have been
to precipitate a revolt against Rome. Cf. McGiffert’s Apostolic
Age, 28.

198.
Matt., 21, 1-11.
199.
Matt., 21, 12-17.

200.
Matt., 21, 23-23, 39.

201.
Matt., 26, 3-5.

202.
Matt., 26, 47-56.

203.
Matt., 26, 57 and 59.

204.
Matt., 26, 59-62.

205.
Matt., 26, 63-64.

206.
Matt., 26, 65-66.

207.
Schürer, H. J. P., Div. II, Vol. I, 188; John, 18, 31.

208.
Matt., 27, 1-2; 27, 11.

209.
Matt., 27, 18.

210.
Matt., 27, 11-26.

211. McGiffert’s Apostolic Age, 27-32.

212.
Mark, 1, 15.

213.
See the parables in Matt., 22, 2-14; and Luke, 14, 15-24.

214.
Mark, 1, 15.

215.
Matt., 11, 13-14; Luke, 16, 16.

216.
Isaiah, 42, 6; 49, 6.

217.
Matt., 24, 14; 26, 13; 28, 19.

218.
Matt., 11, 28-29.

219.
Matt., 25, 40; 25, 45.

220.
See e.g., Matt., 9, 6; 11, 19; 12, 8; 16, 13; 20, 18; 20, 28; 25,
31; 26, 64.

221.
Matt., 11, 27; 16, 17; 17, 5.

222.
Matt., 21, 37; 11, 10; Mark, 8, 37-38; 9, 37; Luke, 10, 16.

223.
Matt., 3, 17; 17, 5; 26, 63-64; 21, 37; 22, 41-45; Luke, 10, 22.

224.
Luke, 10, 23-24.
225.
Mark, 1, 15.

226.
Matt., 9, 15; 22, 2-14.

227.
Luke, 10, 22.

228.
Luke, 11, 20.

229.
Matt., 20, 28; Luke, 22, 20.

230.
Mark, 1, 22; 1, 27.

231.
Matt., 5, 17.

232.
Matt., 5, 44; 15, 20.

233.
Matt., 5, 32; 5, 34; 5, 39; 15, 11; 19, 7-9.

234.
Matt., 5, 11; 8, 22; 10, 37-39; 11, 28-30; 16, 24-25.

235.
i.e., I Corinthians.

236.
For the dates of Paul’s Epistles, see the articles in Hastings’s
Dictionary of the Bible, or Moffatt’s Historical New Testament,
121-137.
237.
16, 19.

238.
16, 1.

239.
16, 5.

240.
16, 15.

241.
Acts, 11, 19; Galatians, 1, 21-24.

242.
12, 13.

243.
12, 13.

244.
11, 20-34; 10, 16-17.

245.
Very frequent: cf. 1, 2; 1, 3; 1, 7; 8, 6; 12, 3; 16, 22. The Lord
takes in the Epistles the place held by the Son of Man in the
Gospels.

246.
1, 9.

247.
2, 8.

248.
1, 24.
249.
1, 24; 1, 30.

250.
1, 2.

251.
5, 4; 7, 10; 14, 37; 15, 24-28.

252.
12, 12-13; 12, 27.

253.
1, 4-7; 1, 30; 3, 5; 12, 5; 16, 23.

254.
1, 7; 4, 5.

255.
4, 5.

256.
1, 17-18.

257.
11, 23-26; 15, 3.

258.
1, 18; 1, 21; 2, 2; 15, 1; 15, 11.

259.
1, 22-24.

260.
2, 6-8.

261.
15, 3.